Latest 3 Cases: State v. Clark (Criminal Law), State v. Griffin (Criminal Law), State v. Styles (Criminal Law)

The Coronavirus and the Election: Trump’s Fateful Decisions Are Shocking and Disqualifying

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why President Trump’s inept handling of the COVID-19 pandemic should disqualify him from even running for reelection, let alone returning to office. Buchanan argues that it is shocking that we cannot predict the outcome of the 2020 election in light of Trump’s failure to address the biggest health crisis in a century and his consistent efforts to undermine the public response every step of the way.

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Election Day 2020: A Good Day to End the GOP’s War on Women

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman describes the myriad ways the Trump administration has harmed the interests of women and expresses hope that the outcome of the 2020 Presidential Election will mark the end of the GOP’s war on women. Grossman notes that if Biden and the Democrats win the White House and Congress, they will have not only the opportunity but the obligation to restore what the modern GOP has destroyed.

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States of Anxiety: Will Federalism Save Democracy in America?

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, explains why federalism—the autonomy of the states in our country—has been a significant barrier to many of the authoritarian projects Trump has advanced or considered. Falvy argues that the same autonomy should prevent Trump from manipulating the election results decisively in his own favor.

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State v. Clark

Docket: E2020-00416-SC-T10B-CO

Opinion Date: October 30, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the Court of Criminal Appeals reversing the trial judge's denial of Defendant's motion for recusal, holding that, for the reasons provided today in State v. Griffin, __ S.W.3d __ (Tenn. 2020), Defendant failed to establish that there was a reasonable basis to question the trial judge's impartiality. In this case, one of three decided today involving a trial judge who previously served as a deputy district attorney general in Knox County at the time the defendants in each case were indicted by the Knox County Grand Jury, Defendant moved for recusal, arguing that the trial judge previously had supervisory authority over his case as Deputy District Attorney General. The trial judge denied the motion for recusal, but the Court of Criminal Appeals reversed. The Supreme Court reversed, holding that, as in Griffin, Defendant failed to establish that the trial judge's supervisory responsibilities in his role as Deputy District Attorney General were personal or substantial in that case.

State v. Griffin

Docket: E2020-00327-SC-T10B-CO

Opinion Date: October 30, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the Court of Criminal Appeals reversing the trial judge's decision to deny Defendants' motion for recusal on the grounds that the trial judge had supervisory authority over their cases as Deputy District Attorney General, holding that the trial judge appropriately denied the motion to recuse in this case. The trial judge here served as a deputy district attorney general in Knox County at the time Defendants were indicted by the Knox County Grand Jury. The trial judge was subsequently appointed to serve as a trial judge in Knox County Criminal Court and assigned to Defendant's cases. Defendants moved for recusal. The trial judge denied the motions, but the Court of Criminal Appeals reversed. The Supreme Court reversed, holding that the trial judge did not err in denying the motion for recusal because a person of ordinary prudence in the judge's position, knowing all the facts known to the trial judge, would not find a reasonable basis for questioning the judge's impartiality.

State v. Styles

Docket: E2020-00176-SC-T10B-CO

Opinion Date: October 30, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the Court of Criminal Appeals reversing the trial judge's denial of Defendant's motion for recusal, holding that, for the reasons provided today in State v. Griffin, __ S.W.3d __ (Tenn. 2020), Defendant failed to establish that there was a reasonable basis to question the trial judge's impartiality. In this case, one of three decided today involving a trial judge who previously served as a deputy district attorney general in Knox County at the time the defendants in each case were indicted by the Knox County Grand Jury, Defendant moved for recusal, arguing that the trial judge previously had supervisory authority over his case as Deputy District Attorney General. The trial judge denied the motion for recusal, but the Court of Criminal Appeals reversed. The Supreme Court reversed, holding that, as in Griffin, Defendant failed to establish that the trial judge's supervisory responsibilities in his role as Deputy District Attorney General were personal or substantial in that case.